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(영문) 창원지방법원 2020.04.24 2019노2235
공공단체등위탁선거에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The crime of this case is that the defendant received money for election campaign in relation to the election of the head of the association, and it is necessary to severely punish the defendant in light of the purport of the Act on Entrusted Elections such as public organizations punishing him in order to ensure the fairness and transparency of the election.

On the other hand, the defendant is against the time of committing the crime of this case and has no record of criminal punishment.

The lower court determined a sentence against the Defendant by taking into account the above circumstances and the amount of money received by the Defendant, the background leading up to the receipt of money, and the circumstances after the commission of the crime, and the grounds for unfair sentencing alleged by the prosecutor are considered the circumstances that have already been sufficiently considered in the lower court, and the lower court’s sentence is not deemed to have exceeded the reasonable scope of discretion, comprehensively taking account of the records

Therefore, since the sentence imposed by the court below is too uneasible and unfair, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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